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New CEO Says FTX Suffered 'Complete Failure of Corporate Controls' (wsj.com) 128

FTX suffered a "complete failure of corporate controls" according to the company's new chief executive who was appointed as part of the crypto exchange's bankruptcy process. From a report: In a filing [PDF] to federal bankruptcy court, John J. Ray, who has helped oversee some of the biggest bankruptcies ever, including Enron's, said despite his 40 years in the business of restructuring companies, he's never seen anything as bad as FTX.

"Never in my career have I seen such a complete failure of corporate controls and such a complete absence of trustworthy financial information as occurred here. From compromised systems integrity and faulty regulatory oversight abroad, to the concentration of control in the hands of a very small group of inexperienced, unsophisticated and potentially compromised individuals, this situation is unprecedented."

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New CEO Says FTX Suffered 'Complete Failure of Corporate Controls'

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  • STATE IS TOO BIG (to fail?) ALREADY!!111!!! DON'T WASTE MY TAXES WITH THIS!!!11!! /sarcasm
    • If by suffered a complete failure of government controls they mean laundered taxpayer money through rhe Ukraine conflict to enrich establishment politicians, mostly democrats but quite a few Republicans as well, then yes, there was a failure of corporate controls.

    • FTX's website looked well polished. Wait, you're saying something that looks nice and roundy can be dangerous as fuck?

  • by sa666_666 ( 924613 ) on Thursday November 17, 2022 @09:08AM (#63057866)

    Looks like the new management is using the first of the three letters.

  • shows how much of an scam that crypto is.

    Government regulations are really going to come down hard on what is left of the crypto system.

    • This shows that "crypto" (meaning cryptocurrencies) is a scam about as much that the dotcom bubble imploding showed us how the internet is a scam.

      It does show just what a house of cards FTX was and that the CEO apparently wilfully built it that way, on his mommy+daddy's experience as and with lobbyists. And he just ran away with 10 bn dollars.

      "This is my company and I'll run it without oversight" says this guy. 'Here, have $500 million, valuing the company at 32 bn' say investors. That makes no sense, yet

    • by thegarbz ( 1787294 ) on Thursday November 17, 2022 @09:41AM (#63057940)

      shows how much of an scam that crypto is.

      While crypto is a scam, this shows nothing of the sort. What it does show is that irresponsible inexperienced people suck at running companies. The only thing unique here is how the crypto boom propelled this motley crew of non-business people to the market capitalisation that they had. Otherwise their story is very similar to many bankruptcies. The difference being is most companies fail before they get to hold this much money.

      • by ceoyoyo ( 59147 ) on Thursday November 17, 2022 @10:36AM (#63058106)

        Sure, they got the money by offering 15% interest, issuing their own "token" which they inflated the value of and borrowed against. Then when it started going bad "someone" mysteriously walked off with a billionish dollars.

        Just inexperience, totally not a scam.

        • And surprisingly similar to the guy who minted his own coin, arranged to have someone buy one for a dollar, then claimed to be a trillionaire. It's hard to believe anyone who bought into this could have done much research first.

        • Did they walk off with a billion, or did the value just vanish? The value in FTX was all imaginary; until you can actually sell the assets the speculative value is still imaginary.

          • by ceoyoyo ( 59147 )

            The value in FTX wasn't all imaginary. They were an exchange, which means people sent them US dollars. The missing money is "customer funds." Naturally you can't find out how many, or what the composition of of it was, but if you were running a Ponzi scheme in the Bahamas would you stash a nest egg of (a) your own bullshit token, (b) Bitcoin or Etherium or (c) the hard currency your wonderful customers sent you?

            • I thought they used their other company to artificially inflate the price of their own token, the FTT. Then that value collapsed. If they converted customers XYZCoin into other assets, then it wasn't really an exchange. If they have liquidity problems, then they're NOT an exchange. An exchange should hold the assets, but not invest them, and then the exchange only makes money from transaction fees. Otherwise if they're "investing" the assets then they're suddenly just the same as a bank, even though it

              • by ceoyoyo ( 59147 )

                They did that. Most of their $100 billion or whatever valuation was nonsense, but there was real money put in. Certainly customers gave them real money. They also borrowed against their made-up token, but it's hard to tell how much of that was actual money and how much came from actual outside sources. A lot of big companies apparently put quite a bit of money in though, and I expect their Super Bowl ads and celebrity endorsements netted them some from the average man too.

                Apparently what happened is that th

            • ...if you were running a Ponzi scheme in the Bahamas would you stash a nest egg of (a) your own bullshit token, (b) Bitcoin or Etherium or (c) the hard currency your wonderful customers sent you?

              Well, can't say much for the twentysomething nerd pimp many trusted with their funds, but I'm certainly not going to assume he was smart enough for (c), given most were quite punch-drunk on their own dog food. After all, he was a DNC philanthropist worth tens of billions...a month ago.

              • by ceoyoyo ( 59147 )

                That's my point. It's easy to say "lol, nerd pimp." Except that nerd pimp is the son of a couple law professors with four years experience at a real trading firm.

                Hell, maybe he donated to the Democrats so super polarized right-wing Americans would get distracted by that. His co-ceo donated to the Republicans. Gotta make sure both sides are watching your left hand while you dip your right in their pocket.

        • by Kaenneth ( 82978 )

          "offering 15% interest"

          TANSTAAFL

        • Just inexperience, totally not a scam.

          Literally nothing about the article is criticising them for being a scam or being one. Whether it is a scam or not has zero to do with the comments made by the bankruptcy administrator.

          We get it, you have a hateboner that causes you to jizz every time you see the word crypto, but try to follow the damn conversation without prematurely running your mouth.

      • Market cap also does not mean that they have this much money. Their ability to spend is always much much less. What market capitalization means is that you might be worth that much *if* you can sell all the assets at the same price without it dropping along the way. In reality, as soon as you start cashing out the price will fall.

    • by jwhyche ( 6192 )

      I said it once and I'll say it again. The best way to make money in crypto is to start an exchange, then at some point vanish in the night with it.

      • Humans have a hard time vanishing in the night like the customers' $$ in this case.
      • Crypto had its phases. Early on, you could do an ICO with a bunch of pre-mined stuff, wait until people bought in, then sold out and walked off. Then came the "pump clubs". Now, it is about pulling the rug and taking what stored value is tucked away in exchanges, and the way they do it can be insanely complex, just for obfuscation's sake (this coin wrapped in this other coin bridged to this blockchain... etc.)

        Wonder what the next phase will be. I'm glad that banks didn't add a ton of exchange securities

    • by DesScorp ( 410532 ) on Thursday November 17, 2022 @10:34AM (#63058104) Journal

      shows how much of an scam that crypto is.

      Not really. Like Enron, it simply shows that a hot company with a charismatic leader can convince a lot of people to give him lots of money for a product that he really doesn't understand, and management practices that were negligent to the point of criminality. These guys are cultish Steve Jobs wannabes, but mostly push money from one place to another.

      See also: WeWork

      • How is this guy even vaguely "charismatic"? Every interview I've seen of him makes me want to punch him in the face.
    • by Kaenneth ( 82978 )

      Crypto is fine, it's putting your money overseas to dodge taxes that gets you fucked. The best scams target greedy victims who are willing to break the law to profit.

  • They had controls? (Score:4, Interesting)

    by gweihir ( 88907 ) on Thursday November 17, 2022 @09:20AM (#63057886)

    I somehow doubt that. Maybe they had some document somewhere that got determinedly ignored.

    Also "unsophisticated and potentially compromised individuals" sounds pretty much like the standard situation for the crypto-scammers.

    • by HiThere ( 15173 )

      I'm not sure about that "unsophisticated" part. That really seems more as if it applies to the "customers".

      • I'm not sure about that "unsophisticated" part.

        They appear to have had no trace of an exit strategy for when things fell apart; that suggests that they did not realize that with their setup things would inevitably fall apart. That's pretty "unsophisticated."

        • by gweihir ( 88907 )

          Indeed. Fanatical belief (i.e. not even realizing there is the possibility of it going differently) in success is quite unsophisticated. Note that this is not a lack of raw intelligence, it is a lack of wisdom and refinement.

        • by ceoyoyo ( 59147 )

          Someone apparently socked away a billion dollars, then swiped another half billion from the corporate corpse. Sounds like a pretty good exit strategy. Even if somene goes to jail for a few years, it's still Lee family level scheming.

          • by gweihir ( 88907 )

            Except that tracing money on the blockchain has gotten really good. Not cheap, but for larger sums entirely worthwhile. The assholes will go to prison and will have to give the money back in addition.

            • by ceoyoyo ( 59147 )

              The 500 mil that was "hacked" looks like it's become Etherium, but there's still a billion or two that seems to be unaccounted for. FTX was an exchange, a lot of customers gave them cash. Bankman-Fried's parents are both lawyers, his brother was a stock trader, he worked himself for four years in finance, and he knew enough to operate in the Bahamas. It's entirely possible some of those US dollars took a little hop over to the Cayman islands, either in his suitcase or someone else's.

              • by gweihir ( 88907 )

                Do you have any idea how much a billion dollars weight? If you do $100 bills, it is about 10 metric tons. Getting them in the first place requires your bank to put in a rather large order for the bills and has to organize rather elaborate and expensive transport _and_ will likely face questions itself on that order already. Cash transfers of this size are nocely traceable, including the physical transport, even if the bills now are stored in some basement.

                Also, have you seen how arrogant and half-assed this

    • The "controls" that were in place:

      Rule #1: Operate out of the Bahamas.

      ----- end of document ----

      • by gweihir ( 88907 )

        Nice! If all control systems were this simple, I would have an easy job as auditor! Just report them directly to the regulator and be done with it ;-)

  • Regulations (Score:5, Insightful)

    by slack_justyb ( 862874 ) on Thursday November 17, 2022 @09:34AM (#63057918)

    People always tend to yell about regulations and then we're served a prime example of why they exist in the first place.

    to the concentration of control in the hands of a very small group

    When you learn about common elements of fraud, this is one of those things that pops up a lot. That isn't to say that small investor groups are all scams, but that small groups do indeed make it easier to do very underhanded things unseen and unnoticed. 17 CFR Chapter II goes to great lengths to describe and outline the regulations required for investment advisors and firms.

    F–k regulators. They make everything worse. They don’t protect customers at all

    That's from Bankman-Fried in response to Chapter 11 and how he regrets filing such. And he may take this view solely because he's currently sitting in the Bahamas away from the noise currently on-going, but that protection is shielding him from potentially worse outcomes if individual investors started going after him. "Oops, I messed up my books and had unbalanced sheets" isn't a good excuse to investors finding out you were running a Ponzi scheme. He may begin to sober his stance if he finds himself being extradited from the Bahamas, but that greatly depends on how the bankruptcy court wishes to more forward with this filing.

    I know everyone bemoans regulations, but every regulation wasn't the fevered dream of some bureaucrat. Every regulation is derived from some real world example that happened and the government wishes for that thing to not happen again. But like everything, they are not perfect the first time around and no one should pretend we have perfect regulations. They are like anything dealing with authority to rule over the people, they must keep up with the state of society. But from the court filing, FTX was exactly what everyone who wishes for complete deregulation could hope for. But like anything that turns its nose up to regulatory power, it becomes a breeding ground for shady behavior. Basic principals for good investment governance and oversight was ignored in the pursuit of fast money.

    • ... small groups do indeed make it easier to do very underhanded things unseen and unnoticed.

      Or not paying attention to proper segregation of duties within a company. I know this sounds buzz-wordy, but not paying attention to segregation of duties opens the door wide for fraud.

      Years ago, I worked at a company where a newly-hired financial underlying had the ability to approve purchase orders and payments. If this isn't ringing alarm bells in your head right now, I'll spell it out: A person within the organization had the ability to create a purchase order (ie. authorization for the company to purc

    • "Oops, I messed up my books and had unbalanced sheets" isn't a good excuse to investors finding out you were running a Ponzi scheme. He may begin to sober his stance if he finds himself being extradited from the Bahamas, but that greatly depends on how the bankruptcy court wishes to more forward with this filing.

      There were upwards of a million investors in FTX. And we're already well aware of some high-profile ones. Kinda doubt the rest of the list is full of pushovers.

      He might find himself ironically needing the very protection he intends to run away from. When you lose that much money, you better hope your lawyer is Jason Borne.

    • by DarkOx ( 621550 )

      The problem is the regulations are always radically unevenly applied.

      Bankman is a perfect example of being born with a silver spoon in hand. He not only had connection to begin with but connections that know EXACTLY how best to exploit regulatory weakness.

      For most of us knowing which international jurisdiction to go shopping for a favorable regulatory regime is difficult, to say nothing of having the contacts to set it up a corporation there. Its well out of reach for your average kid from Nebraska; but if

    • People always tend to yell about regulations and then we're served a prime example of why they exist in the first place.

      Oh really? Because from where I sit this company broke MANY regulations, for a long time and nothing happened at all. The previous owner is still free, and will probably never even go to jail.

      So what good were regulations? How many piles of regulations must you add before you realize companies will always be able to bribe the regulators to overlook things?

      I will not worship your false g

      • Strange logic, if regulations fail in one or several cases, that doesn't mean they failed in all cases, so your rant is merely a rant.
      • Because from where I sit this company broke MANY regulations, for a long time and nothing happened at all

        And he has clearly stated that he'd still be robbing people blind.

        The previous owner is still free

        Yes, because people are innocent until proven guilty. And investigation into fraud has been opened by the DoJ. He will have a date in court. That is how our legal system works.

        will probably never even go to jail

        That's up to the prosecution to determine if restitution, jail, or a combination of both serves the best interest of those robbed. Our criminal system seeks to provide recompense to those who are injured. This isn't punish the person until everyone feels some catha

    • Remember when the regulators were literally surfing porn during the Enron days ?
    • Stupid. Regulations are unnecessary for a simple reason: don't put all eggs in one basket. Especially not a high risk basket like crypto.
  • I'd like to offer up a theory that Sam Bankman-fraud is just a patsy for a crime ring who knows how to manipulate "golden image" wunderkinds into creating a farcical company that somehow seemed to gobble up a huge marketshare of a criminally-oriented, unregulated industry in an implausibly fast timeline. I bet billions were siphoned off, and the bank man took the fall.

    • If he falls out of a tall building soon, I would put that as supporting evidence for your theory.
      • Yeah we're talking about a lot of $$ here, I wonder if "regulators" are really his biggest concern
        • Yeah we're talking about a lot of $$ here, I wonder if "regulators" are really his biggest concern

          No they are not. To your point, his biggest concern is securing Jason Borne as his lawyer.

          Guessing he's sure as shit going to need it.

  • Is anyone surprised that FTX is a shit show?

    • Is anyone surprised that FTX is a shit show?

      Yes. Every multi-millionaire that invested in this horseshit.

      I heard the list was a million strong, proving that no one should be "surprised".

  • I keep seeing people trying to make the case that this is an example of why regulations are good. In this case, the fact that a lot of financial activity IS regulated served to lull witless investors/users into a stupor of zero curiosity and diligence. Followed by, "Hey, isn't somebody else supposed to make everything I do perfectly safe for me, especially when it comes to me getting lots of money?" New laws/regs passed in the wake of this won't stop scammers any more than new gun laws aimed at law-abiding
  • It could have formerly been a site for trading Magic the Gathering cards.

  • Bankman gave an "interview" where he started DM'ing with a reporter [vox.com].

    Overall he sounds a bit unhinged and in major denial (he thinks chapter 11 was his big screw-up, and claims he still has a 50-50 shot at saving things). Not to mention the part where he decides it's a good idea to DM a reporter and generally incriminate himself by mentioning the "sketchy" stuff he did and admitting his previous talk about ethics was largely PR.

  • by DeplorableCodeMonkey ( 4828467 ) on Thursday November 17, 2022 @11:10AM (#63058196)

    What FTX did was no more or less illegal than what MF Global did. They billed themselves as a neutral trading brokerage and then ran the internal operations partly like a hedge fund wherein they took client assets on the down low and made risky bets with them.

    You don't need new regulations for that. You just need to enforce existing federal criminal statutes.

  • What we all suspected, how many more are like this, most of them i bet.
  • If you say the problem was the lack of controls, the assumption is this was a normal business and if only they had used normal business procedures everything would have been just fine.

    I can't see it. The whole sector is trading in goods, the tokens, that are just like the tulips were, in a previous mania. They are of no use for any other purpose than to be sold to people who will buy them in hopes that some greater fool will buy them in turn at a markup.

    If a company is in the business of selling these kin

  • What else would you expect when pudgy, pasty, socially awkward nerds think they run billion dollar shill efforts.
    it's crypto... come on, scam from day one.
  • People were just trading this crap in a circle. The Ponzi falls apart when more people try to cash out than liquidity is entering. Cut the snake off at the head and destroy the on /off ramps so that real money can't easily or exit the trading circle (jerk)

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